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No Addition for Alleged Suppressed Production Without Rejection of Books or Evidence of Unaccounted Sales — ITAT Allahabad Dismisses Revenue’s Appeal in DCIT/ACIT Central Circle vs. M/s Kesarwani Zarda Bhandar (AYs 2011-12 & 2012-13)
Facts of the CaseThe Revenue filed appeals against orders of the CIT(A)
deleting additions made by the Assessing Officer on account of alleged
suppression of production for Assessment Years 2011-12 and 2012-13.The Asse...
Additions for Alleged Suppressed Production Unsustainable Without Concrete Evidence — ITAT Allahabad Upholds Deletion in ACIT/DCIT Central Circle, Allahabad vs. M/s Kesarwani Zarda Bhandar (AYs 2011-12 & 2012-13)
Facts of the CaseThe Revenue filed appeals challenging the orders of the CIT(A)
which had deleted substantial additions made by the Assessing Officer on
account of alleged suppression of production in the assessee’s ...
Cash Deposits from Presumptive Business Cannot Be Taxed as Unexplained When Similar Income Accepted in Earlier Years — ITAT Allahabad Applies Consistency Principle in Amit Chopra vs. ITO-1(1), Allahabad (ITA No.34/ALLD/2024, AY 2011-12)
Facts of the CaseBased on AIR information, the Department found that the
assessee had deposited ₹35,17,115 in a savings bank account but had not
originally filed a return of income for the relevant year. Reassessment...
Ex-Parte Dismissal by NFAC Without Considering Physical Submissions & Remand Report Violates Natural Justice — ITAT Allahabad Restores Appeal in Rohit vs. ITO, Ambedkar Nagar (ITA No.102/ALLD/2024, AY 2012-13)
Facts of the CaseThe assessee filed an appeal against an order of the CIT(A),
NFAC, which had arisen from a best-judgment assessment under section 144. The
appeal before the Tribunal itself was delayed by 692 days. The...
Bank Account Linked to PAN but Belonging to Proprietorship of Father — Additions for Cash Deposits Set Aside for Verification: ITAT Allahabad in Rahul Sharma vs. ITO Ward-3(2), Mirzapur (ITA No.98/ALLD/2024, AY 2017-18)
Facts of the CaseThe assessee did not file a return for the relevant year.
Information was received regarding substantial deposits in a current bank
account maintained with Punjab National Bank in the name of “Sri Ra...
Appeal Dismissed for Inordinate Delay Without Sufficient Cause — ITAT Allahabad in Shalimar Powerloom Textiles vs. ITO, Ward-1(5), Allahabad (AY 2012-13)
Facts of the CaseThe assessee, Shalimar Powerloom Textiles, filed an appeal
before the Income Tax Appellate Tribunal against the order of the Commissioner
of Income Tax (Appeals), Allahabad, dated 01.10.2019 for Assess...
Addition for Cash Deposits under Section 69A Set Aside as NFAC Ex-Parte Order Restored — Surendra Kumar vs. ITO-2(3), Allahabad (ITAT Allahabad)
Facts of the CaseBased on information available in the Individual Transaction
Statement (ITS), the Income Tax Department discovered that the assessee had
deposited ₹47,00,000 in a bank account during the relevant yea...
CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Deciding Legal Grounds — ITAT Allahabad Restores Section 56(2)(x) Agricultural Land Case in Rajman vs. ITO Ward-3, Ambedkar Nagar (ITA No.79/ALLD/2024, AY 2018-19)
Facts of the CaseThe assessee’s case was selected for limited scrutiny under
the e-Assessment Scheme, 2019 regarding investment in immovable property
purchased below stamp duty value. The assessee had acquired three ...
Ex-Parte NFAC Order Confirming Section 68 Addition Set Aside — ITAT Allahabad Restores Appeal in Ramdas vs. DCIT, Circle-1, Allahabad (AY 2014-15)
Facts of the CaseThe assessee, an individual engaged in the civil
construction business, filed his return of income for Assessment Year 2014-15
declaring total income of ₹20,91,500. The Assessing Officer issued notic...
Presumptive Tax under Section 44AE Upheld for Truck Income but Commission Deposits Remanded — ITAT Allahabad in Dilshad Husain vs. ACIT, Circle-1, Allahabad (AYs 2009-10 & 2011-12)
Facts of the CaseThe assessee, a small transport dealer, filed returns showing
modest income from plying trucks. Information from AIR indicated substantial
cash deposits in his bank account. For Assessment Year 2009-10...